Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Contract Act (IX of 1872), Ss. 188 & 214---Qanun-e-Shahadat (10 of 1984), Arts.79 & 117---Registration Act (XVI of 1908), Ss.18 & 47---Civil Procedure Code (V of 1908), O.XV, R.1---Suit for specific performance of agreement to sell---Agreement by husband as general attorney of his second issueless wife in favour of his sons from first wife---Agreement was alleged to have been executed on 24-7-1968---Owner/wife died on 3-6-1976---Suit was filed on 18-3-1979---Attorney in written statement admitted receipt of entire sale price from plaintiffs---Plea of donee-defendant (Dar-ul-Aloom) was that suit property was partly dedicated by its owner on 11-11-1968 through a registered Waqf Deed witnessed by attorney; and that agreement had been prepared subsequent to death of owner under connivance between attorney and his sons in order to deprive donee of Waqf property---Trial Court dismissed suit to extent of Waqf property, which was upheld by Appellate Court---Validity---No explanation on record as to why after receipt of entire sale price by attorney, sale-deed was not executed in favour of plaintiffs---Family circumstances/understanding among parties if were of such nature that no title document was needed for transfer of suit property in favour of plaintiffs, then why agreement was got executed---Both owner and attorney being literate persons had signed Waqf Deed---Had agreement been executed earlier to Waqf Deed, then same property would not have been included in Waqf for litigation by donee---Registered Waqf Deed carried a presumption of its execution---Donee/defendant while appearing in witness box had deposed that such property had previously been donated to "Anjuman-e-Himayat­e-Islam" in March, 1962, but on its refusal to take over same was transferred to donee/defendant---Such statement would show that intention of owner was to give such property for some pious purpose---Attorney had executed agreement in favour of his own sons without concurrence of his principal, which was in fact a transfer in favour of agent himself---Plaintiffs could not succeed against donee by merely producing two marginal…

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